Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Breweries Propriety Limited [1996] QIRC 769 (1996) 153 QGIG 940

940 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 22 November, 1996 #################### ###################################### QUEENSLAND INDUSTRIAL RELATJONS COMMISSION lndustrtal RelatihnS Act 1990 s. 144 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Queensland Breweries Propriety Limited (No. B310 of 1995) BRE WIN G INDUSTRY - QUEENSLAND BREWERIES EMPLOYEES' AWARD CO MMISSIONER SW AN 24 October 1996 VARIATION THIS matter, corning on for hearing before the Commission at Brisbane on 26 September and 24 October 1996, this Commission doth order that tbe said Award be varied as follows as from the twenty-fourth day of October. 1996:- I. By deleting subclause (2) of clause 3.3 (Wages) and inserting the following in lieu thereof:- "(2) Base Rates of Pay - (a) Any Brewery Technician, other than a casual, a ju nior or apprentice, in the classification specified in the table hereunder shall be paid Base Rates as follows :- Pay Level Credit Points Pa y Rate per Ho ur $ 10 2000+ 17.89 9 1750- 1999 17 37 8 1500- 1749 16.8 7 7 1259 - 1499 16.39 6 900- 1249 16.08 5 650-899 15.72 4 400-649 15 .40 3 300-399 14.70 2 150 - 299 14.23 80- 149 13.35 (b) Enrry Level Pay - Brewery Technicians who are able to demonstrate previous acquisition of skills will a ~rue credit points in accordance with the Skills Extension Program and be paid for the Skill Level obtained. For lhose Brewery Technicians who are completing the initial induction (including mandatory occupational health and safety modules. early skills development program) or cannot demonstrate the acquisition of previous skills an entry leve l pay rate is applicable as follows - Pay Level Pay Rate (S Per Hour) Entry Level .. . ... . .. ....... .. .............. ··· ········· ·· .. .... ..... ... $ 12.98 The program contained in the Skills Extension Program of the Agreement will enable Brewery Technicians to broaden their trade skills in accordance with National Skills Standards. Note l The rates of pay in this Award include the first and second $8.00 per week arbitrated Safety Net Adjustments payable under the February and November /994 Review of Wage Fix ing Principles. l ncrea<;es made under previous State Wage Case Principles or under the current Statement of Principles are not to be used to offset arbitrated Safety Net Adjustments. The first and second $8.00 per week arbitrated Safety Net Adjustments may be offset to the extent of any other ~ge increase, whether an award increase, an overaward payment or an increase by way of enterprise arrangement, received since I February 1992. Pre-February 1992 overaward arrange ments are to be applied according to their terms. ·overaward ' payments - Overaward payment is defined a.~ the amount in rates of pay which an employee would rece ive in excess of the minimum award wage as prescribed in this A ward for the classification in which such employee is engaged which applied immediately prior t0 the date of operation of this variation: Provided that this definition shall exclude overtime, shift allowances, penalty rates, expense related allowances, industry allowances, disabi lity allowances, vacation allo wances, special rates or allowances, responsibility allowance s. or any other ancillary payments of a like nature described by this Award.". 2. By insen ing a new clause 6.12 (Enterprise Flexibility) as foUows: - "6 .12 Enterprise Flexibility To vary this award to give effect to an enterprise flexibility agreement as provided for in section 145 and section 146 of the Industrial Relarions Acr , 1990:- (i) the consulta1ive mechanisms referred to in clauses 1.6. 3.3(f). 6 .5 and 6.8 of this award shall be utilised : (ii) the majority of employees covered by the agreement must genuinely agree 10 it; (iii) tbe variation shall become a schedule to this Award and the variation shall take precedence over any provision of this Award 10 the extent of any expressly identified inconsistency; (iv) the award variation shall meet the requirements of lhe ' no disadvantage' test set out at section 146(2) and (3) of the Industrial Relations Act 1990 (the Act).". 3. By insening a new clause 6. 13 (Anti-Discrimination) as follows:-- "6.13 Anti-Discrimination (I) 11 is the intention of the parties to this A ward to achieve the principal object in Section 3(k) of the Industrial Re/a/ions Act 1990 by helping to prevent and eliminate discrimination on the basis of sex, marital status, pregnancy, parental status. age. race, impairment, religion, political belief or activity, trade union activity, lawful sexual activity, and association with, or relation to, a person identified on the basis of any one of the above attributes . (2) Accordingly. in fulfilling their obligations under the Grievance Procedure and Behav iour Code clauses, the panics to the Award must make every endeavour to ensure that neither the Award provisions nor their operation are directly or indirectly discrirnimltory in their effects. (3) Nothing in this clause is to be taken to affect - (a) any different treatment (or treatment having different effects) which is specifically exempted under theAnti-Discrimir,ation Acr 1991; (b) an employee, employer or registered organisation. pursuing matters of discrimination, including by application to the Human Righ ts and Equal Opportunity Commission/Anti-Discrimination Commission; (c) the exemptions in Subsections 291(3}(a) and (b) of the Act.". Dated this twenty-founh day of October, 1996. 22 November, 1996 By the Commission. [L .S.J E. EWALD, Industrial Registrar. QUEENSL AND GOVERNMENT INDUSTRIAL GAZETTE Operative Date: 24 October 1996 Variation - 2nd $8 SNA Relea~ed: 6 November 1996 ################ ####### #### ################ ########### #### 941 21741_1.DOC -- 1 of 1 --